Cease and desist the sale of company X equipment

[divgradcurl]

Sorry I was not clear. I am trying to find out if products carry a manufacture warranty or are on a lease if that causes me additional potential legal problems when reselling for infringement or some other areas?

It's certainly possible that your modifications would void the warranty. Whether or not this would create a problem would in part be determined by a customer's expectations.

Not sure I understand if you can reply again I would appreciate it. I am saying a leased product is something that seems to be owned by a company. Once activated it has to be returned to that company (strange that no contract was signed so how this can be enforced is beyond me). It would seem to me that maybe this is the trickiest item to resell because of this term "leased". The way I think about it is that the company actually owns it, not me or the person I sell it to and that I have less rights about modifying it and reselling it. However, maybe I am wrong and as long as it is advertised as a leased item then its up to the buyer to be aware that it could cause them problems when they turn it in.

If the box is leased, then "first sale" never comes into play, and the box holder may be able to directly control modifications.

 

[lowenstat]

If the box is leased, then "first sale" never comes into play, and the box holder may be able to directly control modifications

The first sale never comes into play becuase there are conditions on the unit when bought is what you are talking about?

What if there was a reasonable expectation of being in a lease upon purchase but:

No contracts signed for that lease?

No mention of modification rules or anything else for that matter at the exact time of purchase (it might be in some documents inside the box I have no idea)?

You can purchase the item and only have to return it to the company if activated. Otherwise it can be returned to the purchase point according to seller policy of course.

This happens to be a strange lease situation from my experience. I've leased cars, homes, lots of stuff. I can modify everything as long as I bring it back to original. In fact, if I upgrade it they will not refund any money nor will they charge me. I do not remeber anything in the lease about restricting me from modifications in any lease I can remember. I could be wrong however.

How would this be different with respect to infringment rights? I understand they have a right to expect the box to come back the same way - just as a car lease does, but I don't yet see how this could be infringement.

I would argue that the lease I am talking about in my example is not truely a valid lease. Customer can make purhcase before knowing all conditions which leads to easy misinterpretation of buyer and seller rights/conditions at the time the deal it made by paying for it.

And even though as a consumer I would agree to having to give the box back, even though the price was paid for it at many stores or sites anywhere like a purchase and I know of no other product with a similar situation, I would not think that it would be any different then any other lease I have been in.

Furthermore, even though I take the more responsbile path and accept/expect that it should be the same terms as any other lease with respect to modifications I do not know if everyone else would think the same way. They may in fact think they are allowed to do with it as they wish since there was no explicit rules or anything signed, etc. The only thing that is clear (to me at least - not to everyone the way it is done) at the time of purchase is that it is a lease and it must be returned. Also note that if not then the full price must be paid - and that price is not provided at purchase.

Most of what I have just talked about does has to do with a standard consumer rights or purchase conditions. But would my rights be so much different then consumers rights just because I would be selling it?

Ok that is my take on it. Now what is the truth lol.


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Followup questions for the following resell items listed and for a lease prodcut where the lease is as explained above - or you can assume a for certain legally valid lease wehre mods are not allowed:

Likely problems for providing a service where the mod is done to the product without supplying any parts or include the parts but nothing that belongs to company x?

Likley problems for selling products to allow the customer to do it themselves which include parts and instructions written by me?

Would it be the respnibility of a seller to make sure the customer is aware of this lease issue, if there is one, when selling the product modified?

Would it be the responsibility of a seller to make sure the customer is aware of this lease issue, if there is one, when selling the service only or upgrade kits as explained?

I know replies are going to say its always the respnsiblity of the seller - which is over protective and safe answer, smart bet, etc. but is it legally required in the ad? If I take a leased car to a custom center and say give me the works I am sure they will not inquire as to if it is a lease or not and explain your terms and company x rights.

 

[lowenstat]

Among the questions above I was wondering what the reason for this peice of advice was for:

"Do not continue to communicate with them, either in the form of
questions or statements. It will only work against your interests."

Would that be because an attorney knows clients talk too much and what they say can and will be used against them, not to mention the manipulation and "games" that I have mentioned will be played on a client?

Or is it that me simply asking them for a detailed explanation of the rights they feel I have violated is actually doing harm such as keeping me on their radar? Provoking them?

I figured this is a goo dfirst step to solve it on my own. But that is all I wil be asking them and will not provide them with any details not already obviously know by them.

Thank you